Marital Settlement Agreement (No Children) - Pennsylvania

MARITAL SETTLEMENT AGREEMENT (NO CHILDREN)

Commonwealth of Pennsylvania

TABLE OF CONTENTS

1. Parties and Recitals
2. Jurisdiction and Venue
3. Division of Marital Property — Real Property
4. Division of Marital Property — Personal Property
5. Division of Marital Property — Vehicles
6. Division of Marital Property — Financial Accounts
7. Division of Marital Property — Retirement and Pension
8. Non-Marital Property
9. Debt Allocation
10. Alimony
11. Insurance Provisions
12. Tax Filing and Obligations
13. Mutual Releases
14. Integration Clause
15. General Provisions
16. Execution and Notarization
17. Pennsylvania-Specific Notes

1. PARTIES AND RECITALS

Plaintiff: [FULL LEGAL NAME] ("Plaintiff")
Defendant: [FULL LEGAL NAME] ("Defendant")

Docket Number: [________________________________]
Court: Court of Common Pleas, [________________________________] County, Pennsylvania

The parties state and agree:

a. The parties were lawfully married on [__/__/____] in [CITY, STATE/COUNTRY].

b. The parties separated on [__/__/____].

c. There are no minor children born of or adopted during this marriage, and no party is currently pregnant.

d. Each party has had full opportunity to obtain independent legal counsel.

e. Each party has made full and complete financial disclosure, including the filing of an Inventory and Appraisement per 23 Pa.C.S. § 3505(b).

f. This agreement is entered voluntarily and is intended to constitute a marital settlement agreement under 23 Pa.C.S. § 3105.

2. JURISDICTION AND VENUE

a. ☐ Plaintiff / ☐ Defendant has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately preceding the filing of the Complaint in Divorce, satisfying 23 Pa.C.S. § 3104.

b. The divorce is sought under:
☐ 23 Pa.C.S. § 3301(c) — Mutual Consent (both parties consent to divorce after 90 days from service of the Complaint)
☐ 23 Pa.C.S. § 3301(d) — Irretrievable Breakdown (parties have lived separate and apart for one year)

3. DIVISION OF MARITAL PROPERTY — REAL PROPERTY

a. Awarded to Plaintiff:

b. Awarded to Defendant:

c. Transfer documents shall be executed within [____] days of the entry of the Divorce Decree.

d. ☐ Property held as tenants by the entireties shall convert to tenancy in common upon divorce per 23 Pa.C.S. § 3507.

4. DIVISION OF MARITAL PROPERTY — PERSONAL PROPERTY

a. Each party retains personal property currently in their possession.

b. Awarded to Plaintiff: [________________________________]

c. Awarded to Defendant: [________________________________]

5. DIVISION OF MARITAL PROPERTY — VEHICLES

6. DIVISION OF MARITAL PROPERTY — FINANCIAL ACCOUNTS

7. DIVISION OF MARITAL PROPERTY — RETIREMENT AND PENSION

8. NON-MARITAL PROPERTY

Plaintiff's Non-Marital Property: [________________________________]

Defendant's Non-Marital Property: [________________________________]

9. DEBT ALLOCATION

Each party shall indemnify and hold harmless the other.

10. ALIMONY

Select one:

☐ a. Waiver of Alimony. Each party waives the right to alimony. This waiver is final and non-modifiable per 23 Pa.C.S. § 3105(c).

☐ b. Alimony Shall Be Paid.

• Payor: ☐ Plaintiff / ☐ Defendant
• Amount: $[________] per month
• Type: ☐ Rehabilitative / ☐ Durational / ☐ Permanent
• Commencement: [__/__/____]
• Termination: [__/__/____]
• Termination Events: Death of either party; remarriage of the recipient; cohabitation of the recipient with a person of the opposite sex who is not a family member.
• Payment Method: [________________________________]

11. INSURANCE PROVISIONS

a. Health Insurance: Each party shall be responsible for their own health insurance upon entry of the Divorce Decree.

b. Life Insurance: ☐ Not applicable / ☐ Per 23 Pa.C.S. § 3502(d), [Plaintiff/Defendant] shall maintain a life insurance policy of $[________] naming the other as beneficiary through [__/__/____].

12. TAX FILING AND OBLIGATIONS

a. For tax year [____], the parties shall file: ☐ Jointly / ☐ Married Filing Separately.

b. Refunds and liabilities shall be allocated: [________________________________].

c.

13. MUTUAL RELEASES

Each party releases the other from all claims arising from the marital relationship except as set forth herein, including rights of election against the other's estate, intestate succession rights, and all other spousal rights.

14. INTEGRATION CLAUSE

a. This Agreement constitutes the entire understanding between the parties.

b. This Agreement shall be incorporated into the Divorce Decree and shall be enforceable as a court order per 23 Pa.C.S. § 3105(a).

c. Property distribution and alimony terms are generally non-modifiable once incorporated per 23 Pa.C.S. § 3105(c), unless the agreement itself provides for modification.

d. No amendment shall be effective unless in writing and signed by both parties.

15. GENERAL PROVISIONS

a. Governing Law: Pennsylvania law shall govern this Agreement.

b. Severability: Invalid provisions shall not affect the remainder.

c. Attorney's Fees: Each party shall bear their own fees unless otherwise agreed.

d. Cooperation: Each party shall execute all necessary documents.

16. EXECUTION AND NOTARIZATION

PLAINTIFF:

Signature: ________________________________
Printed Name: [________________________________]
Date: [__/__/____]

DEFENDANT:

Signature: ________________________________
Printed Name: [________________________________]
Date: [__/__/____]

NOTARIZATION (Recommended)

Commonwealth of Pennsylvania
County of [________________________________]

On [__/__/____], before me, a Notary Public, personally appeared [________________________________], known to me or proved by satisfactory evidence to be the person whose name is subscribed hereto, and acknowledged that he/she executed the same.

Notary Signature: ________________________________
Commission Expires: [__/__/____]

[NOTARIAL SEAL]

(Repeat for second party)

17. PENNSYLVANIA-SPECIFIC NOTES

• Residency: At least one party must have been a Pennsylvania resident for six (6) months before filing (23 Pa.C.S. § 3104).
• Mutual Consent Divorce: Under § 3301(c), both parties must file affidavits of consent at least 90 days after service of the Complaint. This is the fastest no-fault path.
• Irretrievable Breakdown: Under § 3301(d), if one party does not consent, the parties must have been separated for one (1) year before the divorce can proceed.
• No Waiting Period After Filing: Pennsylvania does not have a mandatory waiting period after filing beyond the 90-day consent period or 1-year separation.
• Equitable Distribution Factors: The court considers 11 factors under § 3502(a), including marriage length, income, contributions, standard of living, and tax consequences.
• Alimony Discretion: Pennsylvania has no guideline formula for alimony. It is entirely within the court's discretion based on 17 factors under § 3701(b), including marital misconduct.
• Tenancy by the Entireties: Property held as tenants by the entireties automatically converts to tenancy in common upon divorce (23 Pa.C.S. § 3507).
• Non-Modifiability: Once an MSA is incorporated into a decree, property distribution and alimony terms are generally final and non-modifiable (23 Pa.C.S. § 3105(c)).

SOURCES AND REFERENCES

• 23 Pa.C.S. Chapter 33 (Grounds for Divorce)
• 23 Pa.C.S. Chapter 35 (Property Rights)
• 23 Pa.C.S. Chapter 37 (Alimony and Support)
• Pa.R.Civ.P. 1920.1 et seq. (Domestic Relations Procedure)

This template is provided by ezel.ai for informational purposes only. It does not constitute legal advice. Consult a licensed Pennsylvania attorney before use.